HB 651

1
A bill to be entitled
2An act relating to the Department of Agriculture and
3Consumer Services; amending s. 215.32, F.S.; exempting the
4Division of Licensing Trust Fund in the department from
5legislative authorization for unappropriated cash balances
6in the fund to be transferred to the General Revenue Fund
7or the Budget Stabilization Fund; providing an effective
8date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (b) of subsection (2) of section
13215.32, Florida Statutes, is amended to read:
14     215.32  State funds; segregation.-
15     (2)  The source and use of each of these funds shall be as
16follows:
17     (b)1.  The trust funds shall consist of moneys received by
18the state which under law or under trust agreement are
19segregated for a purpose authorized by law. The state agency or
20branch of state government receiving or collecting such moneys
21shall be responsible for their proper expenditure as provided by
22law. Upon the request of the state agency or branch of state
23government responsible for the administration of the trust fund,
24the Chief Financial Officer may establish accounts within the
25trust fund at a level considered necessary for proper
26accountability. Once an account is established within a trust
27fund, the Chief Financial Officer may authorize payment from
28that account only upon determining that there is sufficient cash
29and releases at the level of the account.
30     2.  In addition to other trust funds created by law, to the
31extent possible, each agency shall use the following trust funds
32as described in this subparagraph for day-to-day operations:
33     a.  Operations or operating trust fund, for use as a
34depository for funds to be used for program operations funded by
35program revenues, with the exception of administrative
36activities when the operations or operating trust fund is a
37proprietary fund.
38     b.  Operations and maintenance trust fund, for use as a
39depository for client services funded by third-party payors.
40     c.  Administrative trust fund, for use as a depository for
41funds to be used for management activities that are departmental
42in nature and funded by indirect cost earnings and assessments
43against trust funds. Proprietary funds are excluded from the
44requirement of using an administrative trust fund.
45     d.  Grants and donations trust fund, for use as a
46depository for funds to be used for allowable grant or donor
47agreement activities funded by restricted contractual revenue
48from private and public nonfederal sources.
49     e.  Agency working capital trust fund, for use as a
50depository for funds to be used pursuant to s. 216.272.
51     f.  Clearing funds trust fund, for use as a depository for
52funds to account for collections pending distribution to lawful
53recipients.
54     g.  Federal grant trust fund, for use as a depository for
55funds to be used for allowable grant activities funded by
56restricted program revenues from federal sources.
57
58To the extent possible, each agency must adjust its internal
59accounting to use existing trust funds consistent with the
60requirements of this subparagraph. If an agency does not have
61trust funds listed in this subparagraph and cannot make such
62adjustment, the agency must recommend the creation of the
63necessary trust funds to the Legislature no later than the next
64scheduled review of the agency's trust funds pursuant to s.
65215.3206.
66     3.  All such moneys are hereby appropriated to be expended
67in accordance with the law or trust agreement under which they
68were received, subject always to the provisions of chapter 216
69relating to the appropriation of funds and to the applicable
70laws relating to the deposit or expenditure of moneys in the
71State Treasury.
72     4.a.  Notwithstanding any provision of law restricting the
73use of trust funds to specific purposes, unappropriated cash
74balances from selected trust funds may be authorized by the
75Legislature for transfer to the Budget Stabilization Fund and
76General Revenue Fund in the General Appropriations Act.
77     b.  This subparagraph does not apply to trust funds
78required by federal programs or mandates; trust funds
79established for bond covenants, indentures, or resolutions whose
80revenues are legally pledged by the state or public body to meet
81debt service or other financial requirements of any debt
82obligations of the state or any public body; the Division of
83Licensing Trust Fund in the Department of Agriculture and
84Consumer Services; the State Transportation Trust Fund; the
85trust fund containing the net annual proceeds from the Florida
86Education Lotteries; the Florida Retirement System Trust Fund;
87trust funds under the management of the State Board of Education
88or the Board of Governors of the State University System, where
89such trust funds are for auxiliary enterprises, self-insurance,
90and contracts, grants, and donations, as those terms are defined
91by general law; trust funds that serve as clearing funds or
92accounts for the Chief Financial Officer or state agencies;
93trust funds that account for assets held by the state in a
94trustee capacity as an agent or fiduciary for individuals,
95private organizations, or other governmental units; and other
96trust funds authorized by the State Constitution.
97     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.